EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1032*
HOUSE BILL 1032
E2 3lr1731
By: Delegates Phillips, Bouchat, Cardin, McCaskill, Munoz, Pasteur, Simmons,
Toles, and White
Introduced and read first time: February 10, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Protection of Identity of Minor Victim 2
FOR the purpose of requiring, with a certain exception, a party or nonparty making a 3
certain filing in a criminal or juvenile delinquency case to redact certain identifying 4
information relating to a minor victim that appears in the filing; authorizing the 5
Supreme Court of Maryland to adopt rules requiring or authorizing a person making 6
a redacted filing under this Act to also file an unredacted copy under seal; and 7
generally relating to protection of victims. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 11–301 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2022 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
11–301. 17
(A) On motion of the State or on request of a victim or witness, during a criminal 18
trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 19
address or telephone number of the victim or witness unless the court determines that good 20
cause is shown for the release of the information. 21
(B) (1) (I) IN THIS SUBSEC TION THE FOLLOWING WORDS HAVE THE 22
MEANINGS INDICATED . 23 2 HOUSE BILL 1032
(II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND 1
ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO I DENTIFY, A 2
MINOR VICTIM. 3
(III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 4
DELINQUENT ACT WHO WAS A MINOR AT THE TIME TH AT THE CRIME OR DELI NQUENT 5
ACT OCCURRED . 6
(2) NOTWITHSTANDING ANY O THER LAW, UNLESS THE COURT FIN DS 7
BY CLEAR AND CONVINC ING EVIDENCE THAT TH ERE IS GOOD CAUSE TO ORDER 8
OTHERWISE, A PARTY OR NONPARTY MAKING AN ELECTRONIC OR PAP ER COURT 9
FILING, INCLUDING THE FILING OF A CHARGING DOCUMENT , IN A CRIMINAL OR 10
JUVENILE DELINQUENCY CASE SHALL REDACT ANY IDE NTIFYING INFORMATION 11
THAT APPEARS IN THE FILING. 12
(3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 13
REQUIRING OR AUTHORIZING A P ERSON MAKING A REDAC TED FILING UNDER 14
PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER 15
SEAL. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18